As you know, AFTRA has been in negotiations with the Alliance of Motion Picture and Television Producers (AMPTP) on our contract covering primetime network dramatic programs—also known as Exhibit A—since May 7. Because a press blackout is in effect for these talks, I felt it was important to contact you directly with you a brief update.

We are confronting a number of challenging issues, and a resolution may not be quick or easy. However, our discussions with the Industry have been professional and businesslike, and we remain focused on continuing negotiations in this vein.
As expected, there are several significant issues in the area of New Media—including, most notably, how AFTRA members will participate in original New Media productions, and under what circumstances employers can exploit excerpts from traditional TV programs in New Media. The AFTRA Negotiating Committee is engaged in thoughtful and pragmatic discussions about how to ensure that performers are best protected as we consider these thorny issues. We’ve already delivered a strong message that performers will not relinquish consent for excerpts in New Media, which would compromise the integrity of members’ work, their reputations, or their employability in scripted programming. The Negotiating Committee is also mindful of the hard realities affecting the television business today—including audience fragmentation, piracy, and the other complexities arising out of the fast-evolving New Media landscape—and the impact this has on the wages and job opportunities for working performers.

AFTRA members and the Industry should be able, given appropriate safeguards, to satisfy and profit from the consumers’ desire to access content through legitimate New Media sources, as opposed to the unlawful and uncompensated piracy that threatens the entire entertainment industry. There are no easy solutions, which means that our Negotiating Committee must be both innovative and pragmatic, and the Industry must also embrace a realistic approach.

Given the rapid changes happening around us, we cannot afford to waste any time chasing rainbows. Our obligations to AFTRA members requires us to be focused, firm, and solutions-minded in order to effectively ensure that working performers have a fair and realistic chance to participate in the future of the television industry.

I want to acknowledge the work of your Negotiating Committee Chair, Matt Kimbrough. Matt has demonstrated stellar leadership in keeping our committee energized and focused during these tough talks. The members of the AFTRA Negotiating Committee—all of whom are volunteers—have devoted a tremendous amount of time and energy to achieving meaningful contract improvements for all members working in primetime television. I appreciate the hard work and dedication of Polly Adams, Dave Andriole, Bobbie Bates, Alan Blumenfeld, Susan Boyd Joyce, Stephen Collins, Milo Edwards, Jason George, Jay Gerber, Holter Graham, Robert Pine, Sam Robards, and Ann Walker, as well as other members of the committee who have attended negotiations in person or by teleconference during the past ten days.

As you know, AFTRA members recently voted to ratify the new Network Code. While Exhibit A is very different from the Network Code, what we learned and gained from the Network Code negotiations is proving enormously useful in our current talks. AFTRA also twice delayed our own primetime negotiations so the Screen Actors Guild could continue theirs, and this respect and courtesy was reciprocated by our brothers and sisters in the Guild who shared their experiences during the primetime/theatrical talks they had with the AMPTP shortly before we began our own discussions.

Negotiations resume today, so please continue to support the efforts of your Negotiating Committee to find creative solutions that protect and enhance the lives of working performers. We want to hear from you, and encourage you to email primetime@aftra.com to share your questions, feedback, and support.

Thank you for your participation in your union and your solidarity within the community of professional performers.

25 Comments

J.J. • on May 19, 2008 11:47 am

Yeah, we’ll see how tough AFTRA is after the AMPTP grabs their collective balls and squeezes just a little. Odds are they’ll squeal like Ned Beatty’s character (Bobby) in Deliverance and beg for mercy. They always do. And they won’t change now.

It’s not as easy as it looks, is it AFTRA? Are you wishing you went in with SAG now? Anyway, I do thank you for not rolling over here, like I feared you would. I certainly support your concerns here as they are all of ours.

And Nikki, I missed you and I hope you’re feeling okay.

Peggy Lane O’Rourke

Buddy Ackerman • on May 19, 2008 11:47 am

Shame on you, AFTRA for not immediately agreeing to a subpar deal in order to validate all of SAG’s slander and fearmongering.

How are they supposed to paint you as the enemy of working actors if you are going to go and pull these crazy antics like actually negotiating?

Jessy S. • on May 19, 2008 11:47 am

As I predicted, the AMPTP is already trying to pit AFTRA vs SAG in negotiations. If they wanted to get a SAG deal done right away, AFTRA would have a new deal last week.

T. Obvious • on May 19, 2008 11:47 am

So much for those morons in Membership First spewing about AFTRA caving and giving away clip rights.

Thank goodness there’s at least one union that understands this is a business, and that we’re all in it to earn a living.

Isn’t it possible that AFTRA went into the negotiations with no intention of making a deal too quickly and having to announce to the industry that they did exactly what everyone was expecting them to? If you were running AFTRA at this point, wouldn’t you want to stretch out some time here, to serve two purposes: make everyone eat crow about you rolling over in 3 days, and forcing SAG to stay on the sidelines a little longer? Just askin’.

NY and way below the line • on May 19, 2008 11:47 am

Wow, big surprise. AFTRA got in and found out that the AMPTP doesn’t want to share.
So like the DGA before them, they actually have to hang tough for awhile. I’m betting it is longer for AFTRA then for the DGA. Hell, Reardon has had to go public. And whatever leverage they have has pretty much been jettisoned. We’re cheaper then SAG can only get you so far.

Perhaps they could actually organize those news organizations they’ve given up on, if they are going to try to grow a backbone.

chuck • on May 19, 2008 11:47 am

When it comes to New Media platforms such as the internet which has changed the music and parts of the movie industry already,AFTRA needs to get with the progams. Despite negations,AFTRA needs to face the new realities. Traditional business models are constantly changing. The leaders of AFTRA have to adopt to the new platforms like Youtube,and other video sites. If not,they’ll be playing catch up. Already NBC,FOX,ABC are streaming video for free so those who miss thier shows can play catch up. And the cable companies are adapting to DVR which Direct TV has already. But to refuse? Now that’s stupid. The net offers many oppertunities and those opertunities need to be examined.

Cassie • on May 19, 2008 11:47 am

WGA, AFTRA, SAG, the Producers…no matter which side your on, the truth is that this town is falling apart. Not only are we in a “post strike” mode coupled with a “pre-strike or lockout” mode, but there’s a recession.

Meanwhile through all of this gas prices are going up, food prices are going up, rent is being increased, mortgages are being increased…

After all of these negotiations are over, how many qualified crew members will be around anymore. How many will not have declared bankruptcy or lost their homes or apartments by then. How many will have been forced to move out of L.A.?

I don’t see this town getting back to work for many months.

How sad “Hollywood” has become…

Signed,
A long time member of SAG & AFTRA, married to a “Below The Line” crew member

emotional AMPTP • on May 19, 2008 11:47 am

AMPTP is wrecking one of the last meaningful exports, and cultural influences, the U.S. has – film/tv.

Unfortunately, the stock market seems to encourage shortsighted thinking and management of companies. TV took a lasting hit from the writer’s strike and the AMPTP could’ve avoided it and ended up with the same terms from the get-go instead of grandstanding and acting on ego and emotion instead of good business sense.

chuck • on May 19, 2008 11:47 am

Cassie interesting perspective. One thing I have learned thus far is that Tinseltown is no longer the studio powerhouse it used to be. One interesting aspect that I have found about film and syndicated televison, is that most if not all tv series are being filmed in Canada or imported in. I believe this trend started ten years ago or earlier when Chris Carter did his X-Files in Vancouver,BC.
Now in this post writers strike,I was reading TV Guide some of the shows lost viewers. I kid you not the veiwership dropped off. But Cassie what is startling about Los Angeles why aren’t the corporate owned studios reaching to help economically? After negations u have me speculating how many film companies are going to be left. I commented too on the Capitol Films fiasco in South Carolina. Now I’m wondering what other Indie company is going file Chapter 11 and which SAG actors are going to be sidelined.

kevin (with an "i') • on May 19, 2008 11:47 am

Well put Cassie.

Bill • on May 19, 2008 11:47 am

Cassie is right, the town is falling apart and it is being made worse by the recession. Add to that Arnold’s inabilty or lack of desire to keep California competitive with Tax rebates for in state filmig and you have a recipe to cause the exit of one of SoCal’s major economic forces – the film industry. I still don’t think it is too late to salvage the business, but it will take concessions from all sides to keep it here.
As for public sympathy forget about it. China, Myanamar, the recession, and the wars make our labor struggles seem insignificant and petty to the public right now.
Striking for clip rights? Can’t see that being worth the losses.

Get it on!

399

Working SAG/AFTRA Actor • on May 19, 2008 11:47 am

Hollywood SAG Board members have spent the last year and a half hammering away at AFTRA trying to divide our two venerable performers unions. It has resulted in exactly what you see now…SAG waiting out in the hallway.

All the hysterical anti-AFTRA fear-mongering by desperate pols on the SAG Board have proven to be so much cat crap. It’s not in anyone’s interest to cave on clips & internet.

If SAG hadn’t played beanball bullyboy for the past 18 months with the ladies who run AFTRA, they’d all be in the room negotiating together. But instead they find themselves out in the hallway in detention…Boys, make sure you clean the gum out from under your desks.

Let’s vote in a new Hollywood SAG Board when this mess resolves itself this Fall.

JJL • on May 19, 2008 11:47 am

Selling your family and friends down the river isn’t as quick nor as easy as expected, AFTRA?

Glass Half full • on May 19, 2008 11:47 am

Man – it boldly strikes me as I read all of these comments – just how pervasive the negativity out there is. Yes, things are uncertain here, yes we are in times of change, yes the economy is struggling (at best) right now, but chicken little – the sky is not falling in. Everything is cyclical – and this over-bloated (on both sides) industry frankly needs a good flush. When the herd of sheeple are all running in one direction – I for one, want to walk in the other direction, becuase that is where opportunity lies. Yes, It’s bloated around here, period. Some people will find other jobs, some people will move out of LA, complaining all the way – (those that were just here to pick the low hanging fruit in the first place, or those who were spoiled by it) – and good riddance to them, but those whose passion is the real art of story telling and entertaining people – will always have a place and an audience, becuase it’s not always just about the money. Sure things are changing – change, after all, is one of the only constants. Frankly, I’d like to see this town implode just a little bit, so the riff raff could be cleared out of the ranks on both sides of this debate, the industry would be in a much better condition for it. Misery loves company, that much is obvious on this board and elsewhere, (and yes – I am hurting quite dramatically myself), but I can’t imagine making the ***choice*** to wallow in the negativity, seeing everything as doom and gloom – how on earth is that going to change things for the better? What will happen will happen, the weaker parts of this industry, (people, companies, and ways of doing business) will be filtered out eventually through the process of natural selection, (thank goodness) and hopefully what is left, will be something akin to what it used to be before it became over-bloated with greed and selfishness, and the almighty dollar (not so almighty anymore), rather than the desire to create an art form that would move people through storytelling. A person can have as much disdian for these statements as you like – but like it or not – that is what this business is really about – so people who don’t have a passion to be a part of that, might want to consider another alternative type of employment.

SAG had a good meeting Monday night at the WGA Theatre. I was there. Judging from attendee response, on most issues our leadership is in tune with the membership. We need to support our leadership through this process. They need to know we’re behind them, and willing to do what it takes to get a good contract.

The one issue that concerns me is 17/24 day New Media window the AMPTP got out of the WGA and the DGA. Now, I understand New Media revenues – while already in the billions – currently pale in comparison to DVD and other streams, and I know SAG negotiators have the clips issue and force majeur payments to actors from the WGA strike to deal with, BUT I am extremely concerned that if SAG adopts the WGA’s free window for New Media now, we’re going to have a devil of a time getting the moguls to roll that back in three years when New Media revenues are poised to eclipse DVD/Blu-Ray and broadcast/cable television.

We need to be clear on this. The moguls are going to exploit changes in technology and content delivery to migrate distribution of scripted series from broadcast/cable channels to the Internet. It’s already starting to happen, and the pace of that migration will only accelerate.

Most consumers who watch their favorite scripted programming online do so within the first week or so. In the long term, that 17/24 day free window for the moguls constitutes a huge rollback in residual income for working actors.

I must re-emphasize that I believe SAG leadership is doing a fantastic job. These are tough negotiations and it is a difficult time to be doing this. I expressed my concerns to Mr. Rosenberg and Mr. Allen about the New Media window Monday, and I wasn’t the first.

The AMPTP needs to know that a lot of us in SAG aren’t simply going to rubber-stamp the free window the DGA and WGA took. If it were up to me – and I say this with love and respect – if our leadership presented us with a contract that includes that free window, our membership would reject it and send Allen and Doug back to the table with a clear message – actors don’t do windows, and we’re willing to go to the mat on this one.

I do believe that if SAG accepts the free window this year, we’re just putting off an inevitable day of reckoning. The one possible upside to this for actors is that we will have – if we are awake and aware and not distracting ourselves – three years to prepare.

Kevin • on May 19, 2008 11:47 am

mheister is correct that there was a good meeting on Monday night for SAG. I know this from associates in SAG who were also at that meeting. (According to them, the Variety account of what happened is pretty accurate. Rosenberg did bat away the attempts by some members to bash AFTRA when they got to the mike.)

And it’s clear that clip usage and the force majeure situation are prominent in the thoughts of the people negotiating for SAG for this contract.

The internet promotional window was apparently a sore subject at the meeting, as members suspect that the leadership has already conceded this but isn’t saying so publicly. I was told this in no uncertain terms, and I don’t doubt it.

What mheister isn’t saying is that the SAG leadership was careful at the meeting to say that they weren’t seeking a strike authorization vote at this time. Further, such a vote isn’t under consideration at that time.

And while George Watson did his apparently usual performance at the mike, it is not certain that the vast majority of SAG membership really agrees with the idea that everyone is militant and ready to go out.

I am told there was one member who did make a big point about internet distribution. She apparently discussed having tossed her VHS and DVD collections so that she could download entire seasons of TV shows to watch on her iPhone. One really has to wonder if people really intend to watch TV shows and movies on a tiny screen, or as blown-up images from the iPhone to a big screen TV.

If anything is clear, it’s that the SAG leadership is trying to find a way to a new contract rather than a strike. It looks very possible that they will be successful.

chuck • on May 19, 2008 11:47 am

Debate on the issue would be helpful. Honesty have both side debate and talk on the issues. Approach to see where both sides can solve their problem. Take my advice deal with this problem now and don’t hold off on it. But don’t let the studios nor productions companies get away with things.

The actress who tossed her DVD’s is clearly “living in the future”, to use a term common amongst the tech-savvy. Her broader point, if I might be so bold, may be that where she’s living today, everyone else will be living tomorrow, and SAG should bear this in mind in contract negotiations.

The same hard drives she’s saved her movies onto can feed them just as easily these days to a 65-inch 1080p flat panel TV as a computer screen or an iPhone. We’re not talking about “blown up” movies. We’re talking about saving them on the hard drive at a resolution that’s quite watchable on the big screen in the living room from the barcalounger. And the distribution channel she uses to purchase her movie and “television” content entirely bypasses broadcast, cable, and pay television channels.

As of this moment, she and those of living in the future (when she held up her iPhone, I held up mine, and yeah, I’ve ripped some of my DVD’s too) aren’t statistically significant yet, but we most certainly will be in three years.

The AMPTP drank the creative guilds’ milkshake with VHS and DVD. We speak up because the creative types should have a taste of the next one.

rg • on May 19, 2008 11:47 am

Reply to “Chuck” who quoted all series are filmed in Canada. You’re a moron who has little grasp on the facts. Not all series are shot in Canada. Quite the contrary. Parity with the USD has shifted many series back to OTHER states with crazy tax credit structures…New Mexico? New York? South Carollina? Connetticut? The list goes on.

To the person who said “George Watson apparently did his usual perfomance at the microphone”

My points at the microphone were quite simple.
1) the membership wants the negotiating team to be tougher than they are apparently being and we want them to know that to increase their resolve and to know that will support them if they are tougher and we want the producers to know it as well. They are NOT sticking with the WW committee guidelines on new media by conceding a 17 day window – the members won’t support that concession. (AMPTP members make money from ads in the streaming shows from day one – most shows are watchedin the first 5 days on the internet and then replayed at home without redownloading so those first day are EVERYTHING.)

And most membership is much more willing to strike for the reasonable share of new media than the negotiation team is apparently aware of or than the press lets on.

However no one wants it – we prefer a mutually profitable deal – There has NEVER been a better time for all in the media business to make profits from new media productions – cost of production and distribution are falling fast so expenses are falling- it would be ashame if the AMPTP lost their good cooperating history with talent just when the cheapest form of broadcasting is emerging and they could be making huge profits. What will their stockholders say if performers are forced to produce their own shows and go direct to viewers without the AMPTP if the AMPTP won’t negotiate a reasonable contract?

The talent can make shows and get them to viewers now without TV stations. The AMPTP will have a tougher time making shows without actors.

A few extra months of work now is NOT worth the tradeoff of future residuals on internet which will be the dominate form of viewership in the very near future and is already the dominate form for the younger set. (Ask the reocrd companies how long it took for listening habits to change to internet distribution … does the AMPTP want to repeat the record exec’s mistakes by keeping onerous contracts with talent and forcing talent out on their own without the producing companies?)

Members have been expecting a possible strike. The only surprise was that WGA went early. Remember last year a majority of SAG members voted to raise dues to help fund it remember.

2) The result of poor negotiation in #1) is if the negotiating committee doesn’t stick to the WW new media guidelines on new media internet residuals and clip usage it’s likely we will get a contract from the negotiation room that the membership can’t and won’t ratify when it is explained to them – and this will leave the industry in a lurch without a contract – perhaps CAUSING a strike. That’s right – a contract PROPOSAL (which must still be ratified) that comes out of the negotiations that is too lopsided against performers won’t help studios but will possible CAUSE a shutdown of the industry. In other words the producers might think they are making good progress but they need to know they are setting themselves up for failure.

Remember the membership is more savvy now than they were during the DVD era. They won’t let the same mistake be repeated twice of virtually no residuals on new media. Those of us who have worked in the internet world all believe internet/new media views will replace a huge portion of standard broadcast AND IS ALREADY DOING SO FOR THOSE UNDER 30. Viewings from NETWORK TV official network show ad supported web streaming (not youtube pirating) already equal the equivalent of several American Idols every week in viewership.

3) The unlimited clip use proposal is ridiculous plain and simple. Actor are hired for specific performances for a specific show – not the use of all imagery of the actor for any other purpose. Unlimited clip use would make prior images of a performer shot for other purposes compete with the performer when the performer looks for new work – for example advertisers could get imagery from producer of an actor walking with a phone in his hand and under unlimited clip use turn that into a commercial for a phone company.

It also creates a problem in that the performers image could be sullied by professional mashups without controls or juxtapositions with unsavory imagery – I believe I gave the example that with unfettered clip use Indiana Jones #1 could be pretty easily be turned into a pro Nazi movie with some reediting of imagery from the first one. I doubt Harrison Ford would have accepted the role under those circumstances.

4)
Judging from the loud applause and members who didn’t know me and who came across the crowds to find me and shake my hand afterward I would say there was a lot of support for it. There will be more support as we educate the members about how important internet/newmedia residuals will be to their future income and what a travesty unlimited clip use would be to their image and income.

5) and most importantly – it wasn’t my usual performance. It was a unique one :-) .

None of us would do it if we didn’t love it but there will be even more profit in the new media revolution and the performers therefore deserve a bigger not smaller share.